0001| HOUSE BILL 124
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0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003| 1996
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0004| INTRODUCED BY
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0005| G. X. MCSHERRY
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0006|
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0007|
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0008|
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0009|
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0010|
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0011| AN ACT
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0012| RELATING TO TAXATION; PROVIDING A TAX CREDIT FOR AGRICULTURAL
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0013| WATER CONSERVATION EXPENSES AGAINST PERSONAL AND CORPORATE
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0014| INCOME TAX LIABILITY.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. A new section of the Income Tax Act is enacted
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0018| to read:
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0019| "[NEW MATERIAL] INDIVIDUAL TAX CREDIT--AGRICULTURAL WATER
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0020| CONSERVATION EXPENSES.--
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0021| A. To encourage the conservation of water in
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0022| agricultural activities, any taxpayer who files an individual
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0023| New Mexico income tax return and who is not the dependent of
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0024| another individual may claim a credit against his income tax
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0025| liability equal to seventy-five percent of his incurred
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0001| expenses, not to exceed a maximum credit of fifty thousand
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0002| dollars ($50,000), for purchasing and installing equipment for
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0003| an agricultural water conservation system in the year in which
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0004| the expenses are incurred.
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0005| B. To qualify for the credit pursuant to this
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0006| section:
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0007| (1) the agricultural water conservation system
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0008| equipment must be primarily designed to substantially conserve
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0009| water on land in this state that is owned by the taxpayer and
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0010| used by the taxpayer or the taxpayer's tenant to:
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0011| (a) produce crops, fruits or other
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0012| agricultural products;
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0013| (b) raise, harvest or grow trees; or
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0014| (c) sustain livestock;
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0015| (2) the expense must be incurred after January
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0016| 1, 1997 and must be consistent with an effective water
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0017| conservation plan that the taxpayer has filed with the United
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0018| States department of agriculture natural resources conservation
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0019| service; and
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0020| (3) the land on which the water conservation
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0021| system equipment is located must be located in this state and be
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0022| entirely in an area identified, in the taxable year or in any
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0023| preceding taxable year, as an area of extreme drought severity
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0024| on the Palmer drought severity index published by the national
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0025| oceanic and atmospheric administration.
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0001| C. Co-owners of the land on which the water
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0002| conservation system equipment is installed, including partners
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0003| in a partnership and shareholders of an S corporation, as
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0004| defined in Section 1361 of the Internal Revenue Code of 1986, as
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0005| amended, may each claim only the pro rata share of the credit
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0006| allowed under this section based on the ownership interest. The
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0007| total of the credits allowed all such owners may not exceed the
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0008| amount that would have been allowed a sole owner of the land.
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0009| D. A husband and wife who file separate returns for
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0010| a taxable year in which they could have filed a joint return may
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0011| each claim only one-half of the credit that would have been
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0012| allowed on a joint return.
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0013| E. If the allowable tax credit in the year the
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0014| credit becomes claimable exceeds the taxes otherwise due under
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0015| the Income Tax Act on the taxpayer's income, or if there are no
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0016| income taxes due from the taxpayer, the taxpayer may carry
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0017| forward the amount of the credit not used in that year to offset
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0018| taxes under the Income Tax Act for not more than five
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0019| consecutive taxable years' income tax liability. This credit
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0020| may only be deducted from the taxpayer's income tax liability.
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0021| F. This credit may not be claimed if any deduction
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0022| for such expenses is claimed under the Internal Revenue Code.
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0023| G. The soil and water conservation bureau of the
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0024| forestry division of the energy, minerals and natural resources
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0025| department shall promulgate rules and regulations to implement
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0001| this section and establish guidelines to determine whether water
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0002| conservation system equipment qualifies for the credit available
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0003| under this section."
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0004| Section 2. A new section of the Corporate Income and
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0005| Franchise Tax Act is enacted to read:
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0006| "[NEW MATERIAL] CORPORATE TAX CREDIT--AGRICULTURAL WATER
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0007| CONSERVATION EXPENSES.--
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0008| A. To encourage the conservation of water in
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0009| agricultural activities, any taxpayer who files a New Mexico
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0010| corporate income tax return may claim a credit against its
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0011| corporate income tax liability equal to seventy-five percent of
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0012| its incurred expenses, not to exceed a maximum credit of fifty
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0013| thousand dollars ($50,000), for purchasing and installing
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0014| equipment for an agricultural water conservation system.
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0015| B. To qualify for the credit pursuant to this
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0016| section:
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0017| (1) the agricultural water conservation system
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0018| equipment must be primarily designed to substantially conserve
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0019| water on land that is owned by the taxpayer and used by the
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0020| taxpayer or the taxpayer's tenant to:
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0021| (a) produce crops, fruits or other
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0022| agricultural products;
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0023| (b) raise, harvest or grow trees; or
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0024| (c) sustain livestock;
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0025| (2) the expense must be incurred after January
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0001| 1, 1997 and must be consistent with an effective water
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0002| conservation plan that the taxpayer has filed with the United
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0003| States department of agriculture natural resources conservation
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0004| service; and
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0005| (3) the land on which the water conservation
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0006| system equipment is located must be located in this state and be
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0007| entirely in an area that has been identified, in the taxable
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0008| year or in any preceding taxable year, as an area of extreme
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0009| drought severity on the Palmer drought severity index published
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0010| by the national oceanic and atmospheric administration.
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0011| C. Co-owners of the land on which the water
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0012| conservation system equipment is installed, including corporate
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0013| partners in a partnership, may each claim only the pro rata
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0014| share of the credit allowed under this section based on the
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0015| ownership interest. The total of the credits allowed all such
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0016| owners may not exceed the amount that would have been allowed a
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0017| sole owner of the land.
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0018| D. If the allowable tax credit in the year the
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0019| credit becomes claimable exceeds the taxes otherwise due under
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0020| the Corporate Income and Franchise Tax Act on the taxpayer's
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0021| corporate income, or if there are not taxes due under the
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0022| Corporate Income and Franchise Tax Act, the taxpayer may carry
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0023| forward the amount of the credit not used to offset taxes under
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0024| the Corporate Income and Franchise Tax Act for not more than
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0025| five consecutive taxable years' corporate income tax liability.
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0001| E. The credit may not be claimed if any allowance
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0002| for state tax purposes is taken by the taxpayer for a deduction
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0003| for such expenses allowed by the Internal Revenue Code.
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0004| F. The soil and water conservation bureau of the
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0005| forestry division of the energy, minerals and natural resources
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0006| department shall promulgate rules and regulations to implement
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0007| this section and establish guidelines to determine whether water
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0008| conservation system equipment qualifies for the credit available
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0009| under this section."
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0010| Section 3. APPLICABILITY.--The provisions of this act
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0011| apply to taxable years beginning on and after January 1, 1997.
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0012| Section 4. EFFECTIVE DATE.--The effective date of the
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0013| provisions of this act is July 1, 1997.
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0014| - -
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0015| State of New Mexico
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0016| House of Representatives
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0017|
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0018| FORTY-SECOND LEGISLATURE
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0019| SECOND SESSION, 1996
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0020|
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0021|
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0022| January 23, 1996
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0023|
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0024|
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0025| Mr. Speaker:
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0001|
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0002| Your AGRICULTURE AND WATER RESOURCES COMMITTEE,
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0003| to whom has been referred
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0004|
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0005| HOUSE BILL 124
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0006|
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0007| has had it under consideration and reports same with
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0008| recommendation that it DO PASS, and thence referred to the
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0009| TAXATION AND REVENUE COMMITTEE.
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0010|
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0011| Respectfully submitted,
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0012|
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0013|
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0014|
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0015|
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0016| G. X. McSherry, Chairman
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0017|
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0018|
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0019| Adopted Not Adopted
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0020|
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0021| (Chief Clerk) (Chief Clerk)
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0022|
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0023| Date
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0024|
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0025| The roll call vote was 7 For 0 Against
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0001| Yes: 7
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0002| Excused: Grau, Wright
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0003| Absent: None
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0004|
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0005|
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0006|
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0007| H0124AG1
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